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Arkansas Supreme Court Reverses Lower Court Ruling On Medical Marijuana

Courtesy: Chuck Smith / Red River Radio News

LITTLE ROCK, Ark. —The Arkansas Supreme Court Thursday cleared the way for the state to launch its medical marijuana program, reversing a county judge's ruling that prevented officials from issuing the first license for businesses to grow the drug.

Last March, Pulaski County Circuit Court Judge Wendell Griffen ruled  that the state's process for awarding medical marijuana cultivation licenses was unconstitutional. But The Arkansas State Supreme Court said that Griffen did not have jurisdiction and reversed his ruling. 

Erika Gee is a lawyer who represents several businesses that want a medical marijuana cultivation license, she told ARKANSAS PUBLIC MEDIA that the court’s ruling was very limited. 

Gee explains "The Supreme Court didn’t say anything about the selection process.  They didn’t address any of those issues that had been raised, didn’t say they were okay or not okay.” 

This all stemmed from a lawsuit filed by an unsuccessful applicant that argued the process for awarding the licenses  was flawed.  Gee says the  court’s ruling may open the door for more lawsuits from other applicants.  Prior to the circuit court’s ruling,   Arkansas’ Medical Marijuana Commission approved only Five Cultivation Licenses.  More  than 5,400 patients have been qualified so far  to  use  medical  marijuana. The State Supreme Court’s ruling will go into effect in two weeks.

Chuck Smith brings more than 30 years' broadcast and media experience to Red River Radio. He began his career as a radio news reporter and transitioned to television journalism and newsmagazine production. Chuck studied mass communications at Southern Arkansas University in Magnolia and motion picture / television production at the University of California at Los Angeles. He has also taught writing for television at York Technical College in Rock Hill, South Carolina and video / film production at Centenary College of Louisiana, Shreveport.